Judge poised to block EPA move that could strip California's emissions waiver
Senior U.S. District Judge Beryl Howell indicated she will likely halt the EPA's attempt to reclassify California's Clean Air Act waivers as final rules.
In Washington, Senior U.S. District Judge Beryl Howell signaled a likely injunction against the EPA's plan to reclassify California's Clean Air Act waivers from 2009, 2013, 2022 and 2024 as final rules subject to the Congressional Review Act. Howell warned that such a reinterpretation would grant agencies unchecked power to alter regulatory classifications, opening the door for industry groups like the American Petroleum Institute and the American Fuel & Petrochemical Manufacturers to influence deregulation.
California's Attorney General's Office, via Margaret Meckenstock, argued that Congress would not have enacted the Review Act if it permitted such sweeping changes, which could “write the EPA out of the U.S. Code.” The Justice Department, represented by Robert Stander, maintained that California had no immediate avenue to challenge the EPA's report and must await a congressional disapproval resolution, also suggesting the case belongs in the D.C. Circuit.
The dispute revives tensions dating back to the Trump administration's 2019 revocation of the waiver and its 2022 reinstatement under President Joe Biden. Prior rulings by the D.C. Circuit and the Supreme Court have upheld California's right to maintain stricter standards, provided they meet federal minimums.
Why it matters
The decision could determine whether California can keep setting tougher vehicle emissions rules than the federal government.
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